Srochester

Help! I was served a summons. How to answer

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I received a summons and I'm being sued for $1810.00 by Portfolio Recovery on a debt I had with Synchrony Bank.

I need to answer this summons in the next week. I am clueless on how to do this. I have read the forums and it seems that I can request arbitration as per Synchrony Banks agreement.

 If anyone can help me navigate these unfamiliar waters I need some help. I have attached a picture of what I need to fill out to answer the summons.

IMG_20190606_114801.jpg

Edited by Srochester
Added a picture of summons answer

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I don't know much about the peculiarities, if any, of South Carolina law.

But you are right about arbitration.  In all 50 states you could file a Motion To Compel (arbitration).  Synchronicity has an extremely favorable arbitration clause.  Use it. 

Go to the internet and find the appropriate user agreement for your card.  I think they are in the CFPB web site. 

You may have to do a little homework.  Look around on this site.  See how others have handled the situation.  Then file.

I hope you can join the multitudes who have beaten PRA on Synchronicity accounts this way.  

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I've got the agreement but I'm not sure how to fill out the answer to the summons. Do I deny everything and request arbitration or....?

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You need to find out more about South Carolina procedures.

Realize, you are NOT "requesting" arbitration.  You are DEMANDING arbitration.  You are moving the court to grant you your rights, guaranteed by the US Supreme Court, for arbitration.  

In some states, such as Florida, you would ONLY file the MTC.  In Florida, if you file an answer along with the MTC, you are deemed to have waived your rights to arbitration.

In MOST states, you are permitted to file certain motions INSTEAD of your answer.  You could file a Motion to Dismiss, or a Motion to Compel arbitration INSTEAD of your answer.  In MOST states, it is permissible to file both the answer AND the motion.  

You need to find out what the rules of civil procedure are in your state.  If you are in a state which permits filing a dispostive (not sure about that word) motion instead of an answer, that is the way to go.  If not, file the motion along with a general denial.  

Having the card agreement is a great first step.

What you need to do now is look at the various threads on this forum about arbitration.  These threads will tell you what you need to do to file your motion.  

If you want, you could post your REDACTED MTC on this thread to see if anyone has any comments.  Or, you could find a post with someone else's MTC, making sure it references the ATT/Concepcion case, and copy that motion with a few changes.

 

It may take you a few days to go through the threads, and to check what others have done, esp. with PRA and Synchronicity.  It is a lot better to spend the time to learn the proper way to do things, and then do it.  There is no need to re-invent the wheel.  The wheel (the arbitration strategy) was invented by creditors who posted on this forum, and showed everyone else how to do things.  

I can't show you what I did, because my filings were many years ago and I don't have the motions I filed.  Not only that, but things have changed a lot in the past decade.  The motions people file now are much better written.  

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Thanks for your reply. I have been reading alot of the post here but I am having trouble with some of the terms used and abbreviations. What is a MTC? 

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18 minutes ago, Srochester said:

Thanks for your reply. I have been reading alot of the post here but I am having trouble with some of the terms used and abbreviations. What is a MTC? 

Motion To Compel Arbitration

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